Our lawyer has uncovered a a legal deficiency with the lease for the flat we are purchasing in Nailsea. The other side have put forward title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer has advised that he must ensure that the bank is happy with this solution. Who is the client here, us or the lender?

Even though you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the bank are the client. The appropriate lender specifications have to be complied with.

Should our conveyancer be raising enquiries about flooding during the conveyancing in Nailsea.

Flooding is a growing risk for lawyers specialising in conveyancing in Nailsea. There are those who buy a house in Nailsea, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Conveyancers are not qualified to give advice on flood risk, but there are a various searches that can be undertaken by the buyer or by their conveyancers which can figure out the risks in Nailsea. The standard completed inquiry forms given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the seller to find out if the property has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the vendor, then a purchaser could commence a claim for damages resulting from an misleading response. A buyer’s conveyancers may also order an enviro report. This will higlight whether there is any known flood risk. If so, additional investigations should be initiated.

I am buying a new build flat in Nailsea. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Nailsea

Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.

I decided to have a survey done on a property in Nailsea ahead of instructing conveyancers. I have been told that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies will refuse to give a loan on a flying freehold property.

It varies from the lender to lender. HSBC has different instructions for example to Nationwide. Should you wish to call us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Nailsea. Conveyancing may be slightly more expensive based on your lender's requirements.

How do I use your search facility to locate a conveyancing practitioner in Nailsea on the approved list for my mortgage?

1st pick a mortgage company such as HSBC Bank, Barnsley Building Society or Barclays Direct then type in your preferred area for example Nailsea. Conveyancing firms in Nailsea and nationally will then be listed.